The Avalon Project at Yale Law School

Nuremberg Trial Proceedings Vol. 1

CERTIFICATES OF COMPLIANCE
WITH ORDERS OF THE TRIBUNAL
REGARDING NOTICE TO MEMBERS OF GROUPS
AND ORGANIZATIONS AND TO DEFENDANT
BORMANN

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND and THE UNION OF SOVIET SOCIALIST REPUBLICS

- against -

HERMANN WILHELM GOERING, et al.,

Defendants.

Declaration

I, Richard William Hurlstone Hortin, a Major in H. M. Army serving with the Control Commission for Germany (British Element) at Berlin, solemnly and sincerely declare as follows-

1. I make this Declaration in my capacity of Berlin Secretary of the International Military Tribunal.

2. Pursuant to the order of the International Military Tribunal as to publication of Notice No. 1 as to Nazi Organisations, I served a copy of the said notice on each of the four Allied Secretariats; at the same time I served on the four Allied Secretariats a copy of the said order and a copy of the order of the International Military Tribunal as to Martin Bormann. Service was effected by delivery by me personally of the said notice and orders to duly authorised persons of the said Allied Secretariats.

The order as to Martin Bormann states that publication must be made in four separate issues of a newspaper circulated in the home city of Martin Bormann. After full enquiries I ascertained that the last known place of residence of Martin Bormann was Berlin. A former place of residence was Mecklenburg. It was also believed that the birthplace was Halberstadt. I gave these details to the Soviet Secretariat. I also arranged for publication in Berlin newspapers and on the radio. Newspaper circulation in the Russian Zone normally extends to both Halberstadt and Mecklenburg.

3. As a result of careful enquiries I ascertained that a reasonable number of notices for the whole of the four Zones would be 200,000 and in consultation with the Legal Division of the Office of the Military of the Military Government for Germany (United States) and with the French and Soviet Allied Secretariats, I arranged for the printing of this number of notices. At the same time I arranged for the printing of a similar number of notices to Martin Bormann. These two notices were both printed on the same sheet of paper and a copy is annexed hereto and Marked "Exhibit I".

9,000 of these notices were distributed by me to the appropriate officers in the French, Soviet, British and American Sectors, namely 2,500 each for the American and Soviet Sectors and 2,000 each for the French and British Sectors. I am informed, and verily believe, that these notices were posted and exhibited in public places before midnight of the 27th of October 1945. 1,000 copies were retained by me as a reserve to be handed to Military authorities in the four Zones for reading and posting in the P.O.W. Camps.

4. As to the remaining 190,000 of the said notices, 50,000 were handed personally by me to the Bureau of Information of the Soviet Military Administration in Germany. I arranged for the delivery of 50,000 to the Public Relations Branch of Control Commission for Germany (British Element) at Lubeck, Germany. I have made full and continuos enquiries and I am informed and verily believe that these notices were immediately distributed throughout the British Zone and through the channels which ensure the widest distribution possible.

I am informed by the Legal Division of the Office of Military Government for Germany (United States) that as previously arranged with me, they delivered 40,000 copies to the French Authorities at Baden-Baden. I am also informed by them and verily believe that the remaining 50,000 notices were handed by them to the appropriate United States Authorities for distribution through their Zone.

5. During the period October 20th to November 17th 1945 there have been four weekly publications in each of the four Zones of Germany of the said two notices in newspapers and over radio stations. The American, Soviet, and British newspapers in Berlin have also carried the notices. Furthermore, in pursuance of the order of the International Military Tribunal, the said notices were handed to the appropriate Military Authorities of each of the four Zones for reading in Prisoner-of-War Camps and for such other form of publication as local Commanders might think proper within their own discretion.

6. Exhibits II, III and IV which are attached hereto, and marked by me, are certificates by the appropriate American, French and Soviet Authorities that the requirements of the said orders of the International Military Tribunal have been fulfilled.

As to the British Zone, I have ascertained by enquiries from the said Public Relations Branch of the Control Commission for Germany (British Element) that the two notices have been widely distributed and publicised through the channels most appropriate for the purpose as stated in paragraph 4 of this my declaration. Furthermore I have similarly ascertained that appropriate action has been taken by British Military Authorities for reading and posting in Prisoner-of-War Camps wherever practicable.

"Exhibit V" attached hereto and marked by me is a certificate as to publication of the two notices in newspapers and on the radio in Berlin and in the British Zone of occupation.

7. I make this solemn declaration conscientiously believing the same to be true, and I declare that the information which I give therein has been obtained by me through official sources and from those persons whose duty it is to give such official information.

/ s / R. W. H. HORTIN
Major

Declared by the above-named Richard William Hurlstone Hortin This 17th day of November 1945 In my presence:

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

- against -

HERMANN WILHELM GOERING, et al,

Defendants.

Certificate

I hereby certify that at the request of the above entitled tribunal, through Harold B. Willey, General Secretary, I have performed the following services in connection with publication, broadcast and posting of notices in the above entitled cause under order of the above entitled tribunal issued at Nuremberg, Germany, on or about 18 October 1945:

1. In cooperation with Major R. W. H. Hortin, Legal Division, Advance Headquarters, Control Commission for Germany (British Element), Berlin, on or about 23 October 1945, I arranged for the initial printing of 10,000 copies of the attached notice by the Ullstein Press, Berlin (Exhibit "I"). On 26 October 1945 I personally took delivery of 2,500 of the said notices and delivered them to Major E. K. Neumann, Chief Public Safety Officer, U. S. Headquarters, Berlin District, for posting in the U.S. Zone of Berlin. Major Neumann's indorsement to basic letter dated 27 October 1945 is attached as Exhibit "II A". From my personal knowledge the posters were posted throughout the U.S. Zone, Berlin, as stated by Major Neumann. The remaining 7,500 posters of the original 10,000 were delivered to Major Hortin for posting in the British, Soviet, and French sectors of Berlin. To my personal knowledge they were so posted.

2. On or about 26 October 1945 I arranged for the publication of 190,000 additional posters. Ninety thousand of these were personally delivered to me on 31 October 1945, and by me shipped to the Office of Military Government, U.S. Zone, Frankfurt, Germany, for posting in the U.S. Zone and the delivery of 40,000 to Headquarters, French Military Government at Baden-Baden, Germany, for posting in the French Zone. A copy of the cable of instruction sent to Headquarters, Office of Military Government, U. S. Zone, is attached and marked Exhibit "II B".

3. To my personal knowledge the Office of Information Control Service, Office of Military Government for Germany (U. S.), (Lt. Col. R. K. Fried, Executive Officer), relayed the attached notice to all German language newspapers and radio stations operating in the U. S. Zone with instructions to print and broadcast same as directed in the Tribunal's order. A further certificate of compliance with this provision of the Tribunal's order will be made by the Office of Information Control upon expiration of the fourth week on 17 November 1945.

OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U. S.)

Legal Division
APO 742

27 October 1945
SUBJECT: Posting of International Military Tribunal Posters.

TO : Public Safety Division, U.S. Headquarters, Berlin District (Major Neumann).

1. It is requested that necessary action be taken to post 2,500 copies of the two orders of the International Military Tribunal in the case of Hermann Wilhelm Goering et al. in the U.S. Sector of Berlin on or before 1800 hours, 27 October 1945.

2. The Legal Division, Office of Military Government for Germany (U.S.) requests that a report be made at your earliest convenience advising as to the posting as requested in par. 1.

3. This request is in confirmation of arrangements previously made by Major Neumann and Lt. Col. Alexander G. Brown (76 X6110), this headquarters.

1. Pursuant to request 2,500 copies of the two orders of the International Military Tribunal in the case of Hermann Wilhelm Goering et al. were posted in the U.S. Sector of Berlin before 1800 hrs, 27 October 1945.

2. Said orders were on said date and before said hour posted upon bulletin boards and in other conspicuous places, to the approximate number of 435, in each of the six VBKs, namely Steglitz, Zehlendorf, Kreuzberg, Tempelhof, Schoneberg, Neukolln, which constitute the U.S. Sector of Berlin.

HQ. U.S. GROUP C.C
A.G. CABLES
OUTGOING MESSAGE
UNCLASSIFIED
PRIORITY

NUREMBERG

REF NO : CC-18221 TOO: 291200 B Oct 45 em

Legal Division, OMGGUS, at request of the International Military Tribunal, Nuremberg, has arranged for the printing of 100,000 copies of official notice to defendants. Shipment of approximately this number by air priority will be made to OMGGUS Zone as soon as they are printed, probably Thursday. It is desired that one half of the shipment be relayed by OMGGUS Zone, to Headquarters, French Military Government, Baden-Baden. Court has directed that the notices be posted on official bulletin boards throughout US Zone and read and posted in all prisoner of war camps. Similar distribution has been ordered in other zones in Germany. Request Legal Branch, OMGGUS Zone, take necessary action to insure immediate relay of posters to the French and immediate distribution to military detachments throughout US Zone with instruction that they shall be posted within 24, hours of receipt. Distribution by OMGGUS Zone, to include Bremen Enclave, but not Berlin District. Distribution in Berlin District made direct by Legal Division, OMGGUS. Request that regional military government detachments report through Legal Branch, OMGGUS Zone, to Harold B. Willey, General Secretary, International Military Tribunal, Nuremberg, upon compliance with posting of notices as directed, and that a copy of such report be forwarded to Legal Division, OMGGUS.

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLIC'S

- against -

HERMANN WILHELM GOERING, et al.,

Defendants.

Certificate

I hereby certify that acting on instruction from Lieut. Colonel Raymond K. Fried I have performed the following services or have been informed of the following facts in connection with the publication and broadcast of notices in the above entitled cause under order of the above titled tribunal issued at Nuremberg, Germany, on or about 18 October, 1945:

1. I caused to be transmitted to the DANA news service in Bad Nauheim copies of the attached notices to Martin Bormann and to members of certain organizations (Exhibit I) with instructions that these notices were to be published in German language newspapers in the United States Zone of Germany and the United States Sector of Berlin, and broadcast over radio stations in the United States Zone.

2. Through the Radio Section of Information Control Division U.S. Forces, European Theater, I have been informed that the above mentioned notices were broadcast three times each between October 26 and November 8, 1945 (Exhibit II D).

3. Through the DANA news service and through personal observation I have learned that copies of the above mentioned notices were printed in German language newspapers in the United States Zone and the United States sector of Berlin between 18 October and 17 November 1945.

COMMANDEMENT EN CHEF FRANCAIS EN ALLEMAGNE

Baden-Baden, 23 November 1945
Counsellor Furby
Director General of Justice
Representative in Germany for
the Search of War Criminals
to
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals

I certify that at the date of the 21st November 1945 the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations had been published in the German language in the French Zone of Occupation over the radio and newspapers at least once a week for two weeks, and that this publication will be continued for another two weeks over the one radio station of the French Zone (Koblenz) and in twelve German papers to give the widest possible dissemination throughout the French Zone.

I further certify that this notice was also published by the form of postings ordinarily employed by the military authorities in conveying information to the civilian population

I further certify that this notice has been delivered to the appropriate French authorities in charge of prisoners of war for publication in the German language wherever practicable in prisoner of war camps in which Germans are imprisoned, in such manner as the officers commanding such camps may decide.

The Director General of Justice

Representative in Germany for the Search of War Criminals,

(Seal)/s/ FURBY

Exhibit III B. Dissemination in the French Zone

COMMANDEMENT EN CHEF FRANSCAIS EN ALLEMAGNE

Baden-Baden, 23 November 1945
Counsellor Furby
Director General of Justice
Representative in Germany for
the Search of War Criminals
to
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals

Certificate to General Secretary

I certify that at the date of the 21st November 1945 the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal, had been published in the German language in the French Zone of Occupation over the radio and newspapers at least once a week for two weeks, the first publication having been made during the week beginning October the 12th, and that this publication will be continued for another two weeks over the one radio station of the French Zone (Koblenz) and in twelve German papers to give the widest possible dissemination throughout the French Zone.

The Director General of Justice
Representative in Germany for the Search of War Criminals,
(Seal) /s/ FURBY

I hereby certify that announcement of the trial, by the International Military Tribunal of the criminal case of certain organizations was duly published in German in the Soviet Zone of occupation in Germany in all the newspapers under our control namely: "Tagliche Rundschau", "Berliner Zeitung", "Deutsche Volkszeitung", "Neue Zeit", "Der Morgen", "Des yolk", (all published in Berlin?, ' Volksstimme", "Volkszeitung", "Thuringer Volkszeitung", "Volksblatt" and "Sachsische Volksstimme" (all published in the provinces).

The publication was repeated weekly beginning 22nd October 1945. In addition it was broadcast weekly over the Berlin radio.

Furthermore I certify that this announcement was posted in bill form.

Chief of Information Bureau,
Soviet Military Administration in Germany

/ s / I. TUGARINOV 14 November 1945 17/11/45 A. KUDROV /s/

Exhibit IV B. Dissemination in the Russian Zone

General Secretary.
The International Military Tribunal,
Nuremberg.

Certificate

I hereby certify that the complete text of the statement of Martin Bormann to the effect that he is guilty in full measure of crimes against peace, war crimes and crimes against humanity, as set forth in the Indictment presented to this Tribunal, has been read in German over the radio in the Soviet zone of occupation in Germany once a week starting with Oct. 22, that is, Oct. 24, Nov. 3 Nov. 10, and Nov. 17, 1945.

Concurrently on these same dates it was published in Berlin in the following papers: "Tagliche Rundschau", "Berliner Zeitung' "Deutsche Volkszeitung", "Neue Zeit", "Der Morgen", "Des yolk'

Moreover, each week it was published in the following provincial newspapers: "Volkshlatt", "Sichsische Volkszeitung", "Volkszeitung' "Thuringer Volkszeitung".

I certify that the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations has been published in the German language in the British Zone of occupation in the following newspapers, at least

once a week for four weeks:

Circulation for
week ending 27 Oct 45.

Neue Westfalische Zeitung

1,000,000

Neue Reinische Zeitung

520,000

Kolnischer Kurier

370,000

Ruhr Zeitung

500,000

Aachener Nachrichten

110,000

Neue Hamburger Presse

402,500

Lubecker Post

56,000

Kieler Kurier

210,000

Hamburger Nachrichtenblatt

108,100

Lubecker Nachrichtenblatt

47,600

Kieler Nachrichtenblatt

17,500

Flensburger Nachrichtenblatt

12,500

Neuer Hannoverscher Kurier

433,000

Nordwest Nachrichten

301,000

Hannoversches Nachrichtenblatt

22,500

Neues Oldenburger Tageblatt

40,100

Luneburger Post

178,900

Braunschweiger Neue Presse

150,500

Der Berliner

300,000

It has also been broadcast over the transmitters at Hamburg and Cologne (Langenberg).

I certify that it has thereby received the widest possible dissemination throughout the British Zone.

Exhibit V B. Dissemination in the British Zone

I certify that the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal has been read in full in the German language once a week for four weeks over the radio in the British Zone, the first reading having been during the week of October 22, 1945, and that it has also been published in four separate issues of "Der Berliner", the newspaper published in the British sector of Berlin.